Monitor Accountability Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8365 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 8365

To provide for conditions on the appointment of monitors by courts, and
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2026

 Mr. Biggs of Arizona (for himself, Mr. Fry, and Mr. Nehls) introduced
    the following bill; which was referred to the Committee on the
                               Judiciary

_______________________________________________________________________

                                 A BILL

To provide for conditions on the appointment of monitors by courts, and
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Monitor Accountability Act of
2026''.

SEC. 2. CONDITIONS ON THE APPOINTMENT OF MONITORS BY COURTS.

    (a) In General.--Not later than 90 days after the effective date of
this section, the Administrator of the Administrative Office of the
United States Courts shall by rule establish conditions on the
appointment by a district court of the United States of any person
charged, pursuant to a court order, with monitoring the conduct of a
State or unit of local government. Such conditions shall include the
following:
            (1) Fees.--Such person--
                    (A) may not assess a fee in excess of such maximum
                rates as the Administrator may establish; and
                    (B) shall be authorized to employ the use of pro
                bono time or reduced rates.
            (2) Exclusivity and term.--Such person may not be--
                    (A) appointed to more than one such monitorship at
                a time;
                    (B) appointed for a term greater than 5 years; or
                    (C) reappointed after the expiration of such term
                pursuant to the same court order.
            (3) Subsequent monitors.--A monitor who is appointed to a
        monitorship after the expiration of the term of a monitor who
        served pursuant to the same court order may not be employed by
        the same employer as the previous monitor.
            (4) Public comment.--Prior to the appointment of a monitor,
        the court shall provide notice of the person to be appointed
        and afford the public an opportunity for comment thereon.
            (5) Termination.--
                    (A) Revision.--In the case that a court, a party,
                or a monitor seeks to revise a monitorship imposed by a
                court order, the court shall conduct a hearing.
                    (B) Scope of monitorship.--The court may only
                revise a requirement of a monitorship with respect to
                which the subject of the monitorship has not attained
                substantial and sustained compliance.
    (b) Transfer.--On the date that is 6 years after the court order
imposing a monitorship, if such monitorship is in effect on such date,
the case shall be transferred to another judge in the district in which
the case is pending.
    (c) Accounting.--
            (1) In general.--On an annual basis, a monitor shall submit
        to the court imposing the monitorship an accounting, which
        shall include--
                    (A) information on the services provided and the
                fee charged for such services; and
                    (B) whether any such services were provided pro
                bono or at a reduced rate.
            (2) Publication.--The court shall make available to the
        public any accounting submitted to the court under paragraph
        (1).
    (d) Retroactivity.--In the case of a monitorship that is in effect
on the date of enactment of this Act and has been in effect for 6
years--
            (1) a new monitor shall be appointed not later than 180
        days after such date of enactment in accordance with the
        limitations under this section; and
            (2) the case shall be transferred not later than 1 year
        after such date of enactment in accordance with this section.
    (e) Sense of Congress.--It is the sense of Congress that monitoring
is a public service and monitorships should be structured to encourage
the use of pro bono time or reduced rates.
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